Chennai: “A public servant is expected to behave properly both inside and outside the office. This being the expected conduct of public servants, any criminal case registered outside the purview of job is also to be intimated to employer,” Madras high court has said.However, mere registration of criminal cases may not be a ground to institute disciplinary proceedings, and it is to be decided by competent authority on a case-to-case basis, a division bench of Justice S M Subramaniam and Justice N Senthilkumar said.The court made the observations while dismissing an appeal moved by T Enayathullah, a SG master operator in the Neyveli Lignite Corporation (NLC) challenging the departmental proceeding initiated against him for non-disclosure of a criminal case against him.In 2018, a criminal case was registered against the petitioner for offences of singing, reciting, or uttering obscene songs, and aggravated form of criminal intimidation under IPC. Since the petitioner failed to intimate the case to NLC, the corporation initiated departmental action against him.Charges were held proved and findings of the inquiry officer were accepted by disciplinary authority and final order on Nov 9, 2018, imposing punishment of reduction of basic pay by one stage for six months.Aggrieved, the petitioner moved the high court. A single judge of the court rejected the plea prompting the petitioner to move the present appeal.“Registration of criminal cases would impact the service of employees and, therefore, suppressing the fact regarding registration of criminal cases is an act of omission, which was made intentionally by employees,” the court said.An employee involved in a criminal case itself is a misconduct and not providing information to employer is consequential misconduct, since it cannot be construed as ‘good behaviour,’ as contemplated under Rule 26(1) of the Conduct Rules.
